MALINI DEVI Vs. CHANDRAKANT

JUDGEMENT

(1.) This appeal is filed by the appellant under section 173 of the Motor Vehicles Act against an Award dated 25.9.2008, passed by learned Member MACT, Dhar in Claim case No.117/207. By the impugned award the Claims Tribunal has awarded a total sum of Rs. 3,69,500/- with interest arising out of an accident occurred on 2.12.2006 causing death of Mahendra.

(2.) Appellants had filed the claim petition under section 166 and 140 of the Motor Vehicles Act, seeking compensation to tune of Rs. 8,00,000/-. It is pleaded by the claimants i.e. widow, father and mother that the sole bread earner of the family has died in the accident, however, the compensation as prayed in the claim petition may be awarded.

(3.) Shri Chouhan, leanred counsel for the appellant has drawn my attention to the pay slip of the deceased Ex. P-14, whereby it is apparent that he is getting salary Rs. 3,026/- per month from the Force India Pvt. Ltd. The plea in this respect is available on record. On perusal of the said document it is apparent that the ESI, provident fund, etc. was being deducted from the salary. Considering all these aspects there is no reason to disbelieve such certificate. Accordingly, it is urged that the compensation ought to have been calculated by the Tribunal accepting the salary slip Ex.P-14. It is also contended that in conventional heads the amount as allowed is inadequate and in the head of future prospects also some amount may be awarded in the light of the judgment of apex Court in the case of National Insurance Co. Ltd. v. Indra SHRIvastava,2008 1 ACJ 614.